Mindi Abair On How Her Royalties Fell By 90% In A Decade & What Comes Next

The new co-chair of the Nation Advocacy Committee and GRAMMY-nominated songwriter/saxophonist details her music earnings free fall and how the Music Modernization Act can help in this exclusive interview

Nate Hertweck

Advocacy

Aug 29, 2018 - 3:12 pm

Stories of hard-working musicians struggling to survive in the face of unfair compensation are all too common today. Even sax songstress Mindi Abair can attest to the challenges, proving that successful touring and recording artist – a GRAMMY nominee – is not immune.

One of the main initiatives of the group is to see that the Music Modernization Act is passed into law. The landmark bill promises comprehensive music licensing reform and has received bipartisan support on its way to passing unanimously in the House of Representatives and Senate Judiciary Committee – but there's still work to be done.

How do current music laws affect your livelihood?

I’ve watched my royalties diminish by about 90 percent over the last 10 years. And as an artist, I’m more popular and more established than 10 years ago. It’s a travesty that so many creators of music are having to make severe life adjustments to deal with the fact that our laws have not kept up with the exponential changes in technology that affect our livelihood. I write almost every song on my albums, but royalties on streaming music have not come close to what we were paid selling CDs and physical units. I wouldn’t be making a living based on my royalty income at this point in my career. I could have early on. Now my income comes from touring. Thank god my band is a live act. We were born and bred for touring and love it. But not everyone does. And it should be just one stream of income for an artist like me, not the whole enchilada. We need new laws that re-establish a fair rate of pay for all music creators.

Why do you support the Music Modernization Act?

We are in such need for the modernization of laws for creators of music. The House of Representatives passed this legislation unanimously. Now it needs to pass the Senate to get to the President’s desk. This legislation is nothing that should be argued about in my estimation… this is just common sense modernization of the laws. Most people don’t realize that artists who recorded songs before 1972 have no right to collect royalties on them. It’s unimaginable that no one in our government has stood up for our musicians and artists until now on this. The Recording Academy has been fighting for this for years, and I’m proud to have been a part of that fight. I’m happy our lawmakers have taken notice now.

Also our producers and engineers have had to go through a lengthy process to be paid royalties on records and songs they work on. The artist and/or label owner must write a letter of direction to allow them to collect their royalties. This Music Modernization Act streamlines this to give producers and engineers their rightful path to proper payment. Producers and engineers are an integral part of creating songs and records. This legislation also gives digital services a more convenient way to license songs. This has been very convoluted in the past, and it’s good for everyone that we can simplify the process to license a song. I know we are all fans of music. Sometimes the details of how musicians, writers and performers get paid is a little daunting, but I applaud our lawmakers and artists coming together to bring this to the forefront of decision making on Capitol Hill. It’s time.

What would you tell your fellow music makers about getting involved in advocacy?

It’s time to be a part of the solution instead of complaining about the state of the music business. Getting the Music Modernization Act passed by the House of Representatives is a huge feat. It came after years of the Recording Academy lobbying with thousands of artists, writers, musicians, and creators of music to stand up for our rights. It takes that. It takes standing up for something you believe in that affects you. Our government has a million things being thrown at them daily. We have to make our voice heard. So if your royalties have all but evaporated and you’re trying to figure out how to navigate this music business of 2018, start by making your voice heard and help us change the laws so you can be fairly compensated. We need you… and our voices are being heard. Get involved.

What are you working on now?

I’m on such a fun ride this year. My band Mindi Abair and The Boneshakers are touring all year. We haven’t stopped! We have dates all over the U.S. throughout 2018 – Blues and Music Festivals, Theaters, Cruises – we’re having a blast. Last month we won eight Independent Blues Awards including Artist of the Year, and we’re dropping a Christmas CD Oct. 26, Mindi Abair and The Boneshakers' All I Got For Christmas Is The Blues. It’s a rockin’ Christmas record made up of four originals and five classic songs. So look for us on the road… I know we’re coming your way. And enjoy the new Christmas music!

Music Modernization Act Takes Huge Step Forward: What's Next?

As the MMA passes the Senate, we look at the champions behind the historic bill, its promise for a better system and the work left to be done

Nate Hertweck

Advocacy

Sep 21, 2018 - 12:41 pm

"As the music community rejoices around the Senate passing of the MMA, the collective efforts of the bill's many devoted champions are making all the difference – but there is still some work to be done…” –Conversations In Advocacy #36

The Music Modernization Act's latest victory of being passed by the U.S. Senate was hard won. Music creators, industry professionals, music tech, and politicians from both sides of the party line have united in support of the bill. Some of the MMA's more high profile supporters include the likes of Adam Levine, Maren Morris, Booker T. Jones, and Little Big Town, but the music community at large at large can celebrate leaping over this major hurdle on the path toward comprehensive music licensing reform.

Now formally titled The Orrin G. Hatch Music Modernization Act, the bill promises to have significant impact on the livelihood of the music creators by ensuring fairer and more accurate royalty rates for songwriters, copyright protection for producers and engineers, and proper compensation for artists.

The Recording Academy has been relentlessly instrumental in generating and sustaining a groundswell of support for the bill. Through constant advocacy efforts, its flagship GRAMMYs On The Hill Awards And Advocacy Day in Washington D.C. – which honored Little Big Town earlier this year – and the sprawling national grassroots District Advocate program, the Academy has engaged a mass of music creators to share their stories with lawmakers. The results are powerful. Harvey Mason Jr., GRAMMY-nominated songwriter/producer and Recording Academy National Advocacy Committee Co-Chair, called the MMA's passage by Senate, "a huge turning point."

But before the celebration can begin, the fight must continue. Now that the MMA has moved through the House of Representatives and the Senate, it will need to go back to the House one last time before it becomes law. This vote could come as early as next week.

As this historic copyright reform effort moves a giant step closer to the finish line, the music community must continue to rally, push and speak up on behalf of the MMA. While it is remarkable how far the bill has come, we cannot rest until we complete the job of enacting a better system for all.

Where’s The “Respect” For Older Artists and Musicians’ Royalties?

The late “Queen of Soul” is amongst a slew of legacy artists and musicians who don't see their rightful royalties from digital radio thanks to a pre-1972 loophole in the music copyright law/ Passing the Music Modernization Act can change that

Nate Hertweck

Advocacy

Aug 24, 2018 - 3:53 pm

“When it comes to respect, SiriusXM has none for yesterday’s classic musicians and singers” -Conversations In Advocacy #32

Legendary artists, such as the late Aretha Franklin, have long been well-documented as being short-changed by the loopholes of copyright law, which only require internet and satellite radio to pay the writer and publisher for the songs they play, not the performers. In the case of Franklin's 1967 mega-hit "Respect," the distinction has always been painfully clear, as the song was famously written by the great Otis Redding and, even though it was totally reborn in her hands, Franklin received nothing from spins her version has received. Not fair.

But the case of "Respect" is merely one instance of unfair copyright law for performers of that era. In fact, from countless far-less-famous backing musicians to the one-hit wonders of the '50s and '60s have all missed out on collecting royalties for digital radio play.

Why? Because outdated federal copyright law exempts digital radio services from paying performer royalties on songs recorded before 1972, leaving so many musicians empty handed while internet and digital radio platforms continue to profit off these treasured hits.

Groups of that era who never achieved the continued success beyond their biggest hit, include such as the Tokens with 1961's “The Lion Sleeps Tonight,” the Kingsmen with 1963's “Louie Louie,” which was inducted into the GRAMMY Hall Of Fame in 1999, and the Troggs with 1966's “Wild Thing.” For these one-hit wonder artists, there is a stark miss-match between the unmistakable sound of their iconic hit records and lack of due payment for their performances even when they continue to be broadcast out to millions of listeners daily.

Additionally, countless musicians who played on the biggest hits of the era are also left out in the cold by the loopholes of the law like the late Eddie Willis, who died this past week. As a member of Motown's legendary backing band The Funk Brothers, Willis played guitar on a number of hits including the Marvelettes' "Please Mr. Postman" (1961), which was inducted into the GRAMMY Hall Of Fame in 2011, and Stevie Wonder's 1967 classic "I Was Made To Love Her."

While superstar artists such as Franklin were able to develop lasting careers beyond a single hit, and earn an income through a variety of channels, the pre-1972 exemption took a much tougher toll on acts with less longevity and the musicians who stayed behind the scenes. And while Franklin no doubt missed out on large quantities of royalties from "Respect," so did the unsung musicians who played on the recording such as the Muscle Shoals rhythm section players or saxophonist King Curtis, who played the song's remarkable key-shifing solo.

Fortunately, we are now at a point of great progress and potential in the battle to right these copyright wrongs. The Music Modernization Act stands to fix this baseless pre-1972 exemption and close the loophole for digital radio services, ensuring fair pay for all performers. The landmark bill has already passed unanimously in the House of Representatives and the Senate Judiciary Committee, and now is the time for music creators and consumers alike to take a stand for the musicians who played on the records we love so much.

Mindi Abair, Harvey Mason Jr. Co-Chair National Advocacy Committee

New leadership of the Recording Academy's National Advocacy Committee focuses on passage of the MMA in the Senate and District Advocate day on Oct. 24

Philip Merrill

Advocacy

Aug 16, 2018 - 10:17 am

On Aug. 16 the Recording Academy announced saxophonist Mindi Abair and producer Harvey Mason Jr. as the GRAMMY nominated co-chairs of its National Advocacy Committee, leading the music community's mobilization as we unite to push the Music Modernization Act across the finish line in the United States Senate.

Dec 2, 2014 – 10:58 pm

Mindi Abair - Importance Of The Recording Academy Membership

The National Advocacy Committee is made up entirely of music creators, from performers and songwriters to producers and sound engineers. Previous co-chair, songwriter Sue Ennis remains as a regular committee member alongside GRAMMY winning legends Booker T. Jones and Nile Rodgers. They are joined by five-time GRAMMY winner, R&B singer Lalah Hathaway, altogether comprising an array of diverse talents that represent the scope of the music industry itself.

Dec 2, 2014 – 10:58 pm

Lalah Hathaway - Importance Of Academy Membership

Continuing ex-officio members, supporting the Committee's work, are John Poppo, producer and Chairman of the Board of Trustees of the Recording Academy; Neil Portnow, President/CEO of the Recording Academy; and Daryl P. Friedman, the Academy's Chief Industry, Government & Member Relations Officer.

"Music creators have witnessed the transformation of the music industry and they deserve a seat at the table," said Portnow. "They want their voices to be heard when decisions are being made that impact their careers and livelihood, and they know that 2018 is proving to be a landmark legislative year for them. The knowledge these leading creators bring ensures the Committee will continue to be an effective advocate for the next generation, while working to improve everyday lives of today's music creators."

This extraordinary year for the Academy's advocacy efforts has already featured highlights including a special New York field hearing of the House Judiciary Committee during GRAMMY Week, where Jones testified beside Portnow in support of the Music Modernization Act at. Shortly after GRAMMYs on the Hill 2018 in April, the U.S. House of Representatives passed the bill unanimously, 415-0. The Senate version of the MMA is now pending a floor vote, having already passed the Senate Judiciary Committee unanimously on June 28and now counts a majority of the Senate as co-sponsors. Because music industry stakeholders united behind an achievable vision for copyright reform, this summer finds music makers close to a once-in-a-generation change for the better.

The National Advocacy Committee will lead and coordinate the Academy's unified action toward seeing these hopes for change realized by U.S. Senate passage of the Music Modernization Act. This includes District Advocate day, set for Oct. 24, when Recording Academy membership meets face-to-face with their legislators to personally convey the impact current legislation has on their livelihoods.

As Portnow explained at the New York field hearing, the different roles active recording industry professionals play should be regulated with a unified fairness, not chopped up into fragmented categories regulated by multiple out-of-date regimes — and should include protections for music producers, who have never been mentioned in U.S. copyright law.

The National Advocacy Committee is a conduit connecting the Academy’s creative membership to lawmakers through advocacy and action. And as fairness for music creators remains the primary objective, passage of the MMA will finally be the platform that allows us to achieve those goals in a digital world.

As Streaming Grows, The Music Modernization Act Remains Crucial

In light of the latest on-demand music streaming data, the need for the comprehensive Music Modernization Act intensifies

Nate Hertweck

Advocacy

Jul 18, 2018 - 4:15 pm

The tide has shifted. Music streaming's prevalence has gone from formidable to dominating in recent years, and it shows no signs of slowing. Unfortunately, with the speed at which the streaming world moves, the waves of change on the copyright legislation side have been slow to follow — but there's hope. With streaming continuing to grow, now is the time to pass the Music Modernization Act to keep music creators' heads above water.

The numbers don't lie. Neilsen reports on-demand audio streaming is up 45 percent over last year so far in 2018, while on-demand video streaming has risen 35 percent year-over-year. In all, streaming now accounts for 75 percent of non-radio music consumption in the U.S. The MMA, which has introduced comprehensive music reform, is the only legislation on the table attempting to update copyright law for the streaming age.

As the biggest proposed update to music legislation in the past 40 years, the bill will go a long way to affect how music creators are compensated for their work. The widely supported MMA has earned unprecedented bipartisan backing on its way to unanimous passage in the House of Representatives and Senate Judiciary Committee. Its next stop on the road to real change is a full Senate vote.

The latest Nielson report also sheds light on the shocking reach of streaming platforms with a tally of 403 billion on-demand music streams so far in 2018, equating to 270 million albums sold by the standard scale of 1,500 streams to one album. These staggering numbers mean consumers have spoken via their listening habits, and that the appetite for music is as big as ever.

While streaming has its superstars, such as Drake and Post Malone, who have generated 3.3 billion and 3.1 billion streams so far this year respectively, music creators at all levels must adapt to earning a living in a streaming world. For the modern music maker, these ballooning streaming numbers are positioned as the income stream of the future to offset drastic declines in album and track sales, a trade-off that can't happen in earnest under outdated legislation.

The MMA will provide much-needed mutually beneficial policy reform to move our industry a giant step closer to fairly compensating the source of its product: the people who create music. With so much purpose and progress behind the Music Modernization Act, it’s time to push the bill across the finish line. Now is the time speak up on behalf of the MMA and its promise to build a more fair, transparent and relevant landscape for music creators.

Some of the content on this site expresses viewpoints and opinions that are not those of the Recording Academy. Responsibility for the accuracy of information provided in stories not written by or specifically prepared for the Academy lies with the story's original source or writer. Content on this site does not reflect an endorsement or recommendation of any artist or music by the Recording Academy.